P.P. v. State of Indiana (mem. dec.) ( 2018 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
FILED
regarded as precedent or cited before any Oct 10 2018, 11:27 am
court except for the purpose of establishing CLERK
Indiana Supreme Court
the defense of res judicata, collateral Court of Appeals
and Tax Court
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Arturo Rodriguez II Curtis T. Hill, Jr.
Rodriguez Law, P.C. Attorney General of Indiana
Lafayette, Indiana
Monika Prekopa Talbot
Supervising Deputy Attorney
General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
P.P., October 10, 2018
Appellant-Respondent, Court of Appeals Case No.
18A-JV-867
v. Appeal from the Clinton Circuit
Court
State of Indiana, The Honorable Bradley K. Mohler,
Appellee-Petitioner. Judge
Trial Court Cause Nos.
12C01-1801-JD-8
12C01-1803-JD-96
Barteau, Senior Judge.
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Statement of the Case
[1] P.P. appeals the juvenile court’s dispositional order. We affirm.
Issue
[2] P.P. presents one issue for our review, which we restate as: whether the
juvenile court abused its discretion by awarding wardship of P.P. to the
Department of Correction (DOC).
Facts and Procedural History
[3] On January 16, 2018, the State filed a delinquency petition in cause number
12C01-1801-JD-8 (JD-8) alleging that P.P. had committed the offenses of theft
1
of a firearm, a Level 6 felony if committed by an adult, four counts of
unauthorized entry of a motor vehicle, all Class B misdemeanors if committed
2
by an adult, and three counts of theft, all Class A misdemeanors if committed
3
by an adult. The following day, P.P. admitted to the allegations. The juvenile
court entered a true finding to the charge of theft of a firearm as a Level 6
felony and placed P.P. on supervised probation for twelve months and on home
detention for ninety days. While on home detention, P.P. was only allowed to
go to probation appointments, community correction appointments,
1
Ind. Code § 35-43-4-2 (2017).
2
Ind. Code § 35-43-4-2.7(d) (2014).
3
Ind. Code § 35-43-4-2.
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counseling, work, school, church, and doctor appointments without prior
approval of the probation department. Specific conditions of P.P.’s probation
included attendance of weekly probation appointments, completion of seventy-
five hours of community service at a not-for-profit agency, attendance and
participation in moral reconation therapy, individual counseling and group
counseling, drug screens, curfew of 8:00 p.m., no contact with J.M., gang
members or anyone on probation, attendance at school with no problems and
maintenance of passing grades, no possession or use of any weapons, and
payment of fees and restitution.
[4] On February 6, 2018, the State filed a petition alleging that P.P. had violated
the terms of his supervision by cutting off his house arrest monitor, taking
unauthorized leave at 3:12 a.m., and failing to pay fees and restitution. On
March 15, 2018, the State filed an amended petition alleging all of the
violations contained in the February 6 petition and adding further violations of
taking additional unauthorized leave, testing positive for THC and
Benzodiazepines, committing the offense of escape by removing his ankle
monitor and leaving his residence on March 14, and snorting pills. This
petition was soon followed by a second amended petition filed on March 19
alleging, in addition to all of the prior allegations, that P.P. had violated the
terms of his supervision again by cutting off his ankle bracelet and leaving his
residence, thereby committing the offense of escape on March 17. P.P.’s
commission of the offense of escape on March 14, also resulted in the filing of
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an additional delinquency petition under cause number 12C01-1803-JD-96 (JD-
96).
[5] At a hearing on these matters, P.P. admitted to committing the offense of
escape and to violating his probation based on the escape and the unauthorized
leaves. The juvenile court awarded wardship of P.P. to the Indiana Boys’
School in the DOC. P.P. now appeals.
Discussion and Decision
[6] P.P. contends the juvenile court abused its discretion when it awarded
guardianship of him to the DOC because less restrictive options were available.
Specifically, P.P. argues that he should have been continued on home detention
4
and given “more counseling.” Appellant’s Br. p. 12.
[7] The choice of the specific disposition of a juvenile adjudicated to be delinquent
is a matter within the sound discretion of the juvenile court. J.S. v. State, 881
N.E.2d 26, 28 (Ind. Ct. App. 2008). This discretion is subject to the statutory
considerations of the welfare of the child, the safety of the community, and the
4
P.P. additionally claims that the trial court erred by failing to show “how the safety of the community was
at risk.” Appellant’s Br. p. 11. We note the statute is not written to require such a showing; rather, the
statute provides that the juvenile is required to be placed in the least restrictive setting only if it is consistent
with the safety of the community and the best interest of the child. See K.A. v. State, 775 N.E.2d 382, 387
(Ind. Ct. App. 2002) (quoting Ind. Code § 31-37-18-6), trans. denied. The statute is written in the conjunctive;
therefore, both factors must be satisfied in order to place a juvenile in the least restrictive setting. However,
the converse is not true—one need not show the absence of both factors to place a juvenile in a more
restrictive setting. Thus, as is the situation in this case, negating just one of the factors is sufficient to place
the juvenile in a more restrictive setting.
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policy of favoring the least harsh disposition. Id. We will reverse a juvenile
disposition only for an abuse of discretion, which occurs when the juvenile
court’s action is clearly erroneous and against the logic and effect of the facts
and circumstances before the court, or the reasonable, probable, and actual
inferences drawn therefrom. Id. Accordingly, the juvenile court is accorded
wide latitude and great flexibility in its dealings with juveniles. Id.[8] Indiana Code section 31-37-18-6 (1997) sets forth the following factors a
juvenile court must consider when entering a dispositional decree:
If consistent with the safety of the community and the best
interest of the child, the juvenile court shall enter a dispositional
decree that:
(1) is:
(A) in the least restrictive (most family like) and most
appropriate setting available; and
(B) close to the parents’ home, consistent with the best
interest and special needs of the child;
(2) least interferes with family autonomy;
(3) is least disruptive of family life;
(4) imposes the least restraint on the freedom of the child and the
child’s parent, guardian, or custodian; and
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(5) provides a reasonable opportunity for participation by the
child’s parent, guardian, or custodian.
Although this section requires the juvenile court to select the least restrictive
placement, that requirement is limited by the safety of the community and the
best interest of the child. D.B. v. State, 842 N.E.2d 399, 405 (Ind. Ct. App.
2006). Thus, the statute recognizes that, in certain situations, the best interest
of the child is better served by a more restrictive placement. Id. at 406.
[9] Here, before being committed to the DOC, P.P. was given the chance to
conform his behavior, but he squandered that opportunity. After admitting to
what would have been a Level 6 felony theft of a firearm and dismissal of seven
other charges in JD-8, P.P. was placed on home detention for ninety days and
supervised probation for twelve months. The court presented P.P. with some
incentive to alter the wayward path he was on by providing that his probation
could be shortened or modified to unsupervised, depending on his compliance,
and ordered him to attend counseling. In addition, in its disposition order the
court warned P.P. that any new charges may result in his placement at the
DOC.
[10] Following the court’s disposition order of January 17, P.P. was placed on
probation and home detention. Scarcely more than a week later, on January
26, P.P. cut off his home detention bracelet. Three days later, without
authorization to do so, he left his residence at 3:12 a.m. Again, on March 10,
P.P. left his residence without authorization, and, three days later, he tested
positive for THC and Benzodiazepines. The following day, on March 14, he
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committed the offense of escape by removing his home detention bracelet and
leaving his residence. On this occasion, P.P.’s father advised the probation
department that he caught P.P. snorting pills, and then P.P. left the residence.
When found and returned home, P.P. stated that “life is unfair.” Appellant’s
App. Vol. II, p. 52. Just three days later, P.P. again committed the offense of
escape by cutting off his home detention bracelet and leaving his residence.
[11] In announcing its decision, the juvenile court observed that P.P. “did well for a
little bit and then kinda got spiraling out of control again.” Tr. p. 14. The court
pointed out that P.P.’s offenses are felonies, for which P.P. can be sent to adult
court and which will hinder him in obtaining a job and other opportunities.
The court explained that the purpose of juvenile court is to help P.P. “get back
on track and make good decisions before [he] become[s] an adult.” Id. The
court further stated that it “would love to put [P.P.] back on home detention”
but that it did not believe that was in P.P.’s best interest because “it wasn’t
sinking into [sic] [him].” Id. at 14-15. In placing P.P. at the DOC, the court
explained that the length of the wardship was largely dependent on P.P.’s
progress, behavior, and attitude. The court also told P.P., “You know,
ultimately we want you back out cause we want you in the community with
your family.” Id. at 15.
[12] The nature of the juvenile process is rehabilitation and aid to the juvenile to
direct his or her behavior so that he or she will not later become a criminal.
S.C. v. State, 779 N.E.2d 937, 940 (Ind. Ct. App. 2002), trans. denied. Moreover,
as noted, by its terms Indiana Code section 31-37-18-6 recognizes that while
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less restrictive placement options may be available, in certain situations a less
restrictive placement is not consistent with the best interest of the child. P.P.
was sixteen at the time of disposition and clearly in need of rehabilitation while
still a juvenile and before his delinquent conduct becomes criminal, especially
given that these adjudications involved felony charges. P.P.’s continuing
behavior during the short time he was on probation and home detention,
especially after a seemingly compliant period, indicated that he is unable or
unwilling to abide by less restrictive options and placed successful rehabilitation
in serious jeopardy. Thus, given the nature of these offenses, P.P.’s inability to
abide by the rules, and the court’s thoughtful consideration of its options, this is
a situation in which commitment to a less restrictive environment than DOC is
not in the best interest of P.P. or of the community.
Conclusion
[13] For the foregoing reasons, we conclude the juvenile court did not abuse its
discretion in committing P.P. to the DOC.
[14] Affirmed.
Crone, J., and Brown, J., concur.
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